IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

The concentration of petitions during the reign of Mawlāy Ḥasan is in part a consequence
of the Moroccan archives’ incomplete nature; it is likely that collective petitions from earlier and
later periods existed but were not as well preserved. Mawlāy Ḥasan was known for his energetic
efforts at centralization, including more rigorous archival practices, while the three sultans
preceding Mawlāy Ḥasan did not keep nearly as stringent records. 9 Yet it is also possible that
the number of petitions to the Makhzan increased over time. In this case, the fact that relatively
few petitions survive from the reign of Mawlāy Ḥasan’s son and successor, Mawlāy ‘Abd al-
‘Azīz (1894 to 1908), could be explained by the fact that this was a period of notorious political
instability which translated into less rigorous record keeping. 10 Finally, Mawlāy Ḥasan had a
reputation as being particularly concerned for the well being of his Jewish subjects, which might
have made Jews more likely to appeal to the Makhzan during his reign. 11
This chapter begins with an attempt to understand the language used by Makhzan
officials and Jews to describe the rights at stake in appeals for justice. I argue that Jews and the
state largely shared a language of rights and a framework of expectations concerning what Jews
were entitled to. I then discuss which avenues of appeal were open to Jews and how the state
responded. This reconstruction is necessary because historians have yet to describe the ways in
which the state addressed appeals by its subjects. Finally, I look at specific types of complaints
raised by Jews and what these tell us about Jews’ relationship to Islamic legal institutions and to
the government which oversaw them.
9 Administrative reforms began under Mawlāy Muḥammad following the war with Spain in 1861. Among them was
a reorganization of record-keeping (Pennell, Morocco since 1830, 78-9). However, it was Mawlāy Ḥasan who
instituted a major reform in scribal practice, which undoubtedly explains the increase in archival material under his
reign (al-Manūnī, Maẓāhir, v. 1, 43-4).
10 On increasing political instability during the reign of Mawlāy ‘Abd al-‘Azīz, see Burke, Prelude to Protectorate,
42-9. Burke takes pains, however, to show that this instability was not due solely to Mawlāy ‘Abd al-‘Azīz’s
incompetence—rather, it reflected the increasing threats of European imperialism and internal unrest.
11 Gottreich, The Mellah of Marrakesh, 39-41: see also Bénech, Explication d’un mellah, 27.
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